A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K5 automobiles;

On July 1, 2019, at around 00:05, the Defendant, while under the influence of alcohol 0.181% of blood alcohol level, was in inaccurate, and even though it is difficult to drive normally, such as a little big distance, the Defendant driven the said car, which led to two lanes in front of Michuhol-gu Incheon Metropolitan City, along the one-lane of temporary funeral distance from the offline of the daily distance.

In this case, there was a duty of care to prevent accidents in advance by emphasizing the traffic situation in the front side and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and received the back portion of the Defendant’s car in front of the Defendant’s car in driving D(W, 44 years old) for the Defendant’s passenger vehicle in front of the passenger vehicle.

As above, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as culp salt, etc. for about two weeks to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the 3km section of approximately 0.181% alcohol concentration from the 3km section of approximately 3km, as stated in paragraph (1) of this Article, at the border of Yeonsu-gu Incheon Metropolitan City, the Defendant driven B K5 cars under the influence of alcohol leveling from around 480 if it were to the point of accident as stated in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.